Ilayachi Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58496 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -NAUTAN District- SIWAN ======================================================

1. Ilayachi Devi, D/o Dashrath Bhagat (Nanad).

2. Managery Devi W/o Dashrath Bhagat (Mother In Law).

3. Dashrath Bhagat S/o Goma Bhagat (Father In Law).

4. Dharmendra Kuswaha S/o Dashrath Bhagat (Bhaisur). All 1 to 4 are R/o Village- Hasua, P.S.- Nautan, District- Siwan. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party : Mr. Madhuranand Jha, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 498(A), 406 and 307 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. There is no injury report to support the allegation made in the F.I.R. The

Patna High Court Cr.Misc. No.58496 of 2017 (2) dt.08-12-2017 2/2 petitioners are in-laws of the victim. They are separate in mess and property from the husband of the victim. The petitioners have further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XII, Siwan, in connection with Nautan P.S. Case No. 101 of 2017, arising out of Complaint Case No. 1717 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T